I filed a Motion to Show Cause to get my judgment vacated. Today was my court date. The judge asked me other than not being served what was my reason. I told her that I did not even know who the OC was on this debt and that I needed to have my day in court by having the debt validated by the CA (First Select). The attorney and the judge had no idea what I was talking about. The judge said that she had never heard of that. I took my FDCPA section 809 to show to her and she told me to put my papers away and listen to what she had to say. Anway, to make a long story short. ... I got my judgment vacated and the attorney for the CA still does not know who the OC is nor does she know what the hell the FDCPA is. She was totally clueless. I hope they are that way when I go back to court next year b/c it will go back on the calendar again and the judge told me that I will get my day in court. Anyway, hooray for small victories.. I just wanted to share.. Thank you all. I could not have done it without you!!!
Thanks. I could not sleep last nite. This was my first time in court facing a creditor. I kept envisioning a troupe of attorneys attacking me with attorney lingo and making me feel stupid. Au contraire, my friend it was the total opposite.. I'm so happy of the outcome.. I can't wait for court date in January.
Congrats! Most lawyers and judges don't know the FCRA/FDCPA at all. Your case was another prime example of that. Charlie